Curricular Practical Training

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In the United States, Curricular Practical Training (CPT) provides temporary employment authorization for F-1 visa non-immigrant foreign students while enrolled in a college-level degree program. [1] Students can receive employment authorization right after enrollment if the college deems the work "integral" to the student's study, such as a major course requirement or internship program. [2] [3] [4] CPT allows students to work in both paid and unpaid jobs. [5]

Contents

CPT permission is granted through the institution's International Students Office or equivalent upon approval of the student’s designated school official (DSO), pursuant to regulations established by United States Citizenship and Immigration Services. [6] [7] The student must have secured the CPT opportunity prior to authorization. [4] The student then receives an updated I-20 form once CPT is approved. [8] There is no fee for CPT work authorization. [5] Students who receive more than a year of full-time curricular practical training are ineligible for Optional Practical Training. Part-time CPT students who work less than twenty hours a week are still eligible for OPT. [7] During the summer, students are able to work full-time on CPT if enrolled in a summer session course. [9]

In 2018, the number of employed international CPT students peaked at 151,525, a 147.7% increase from a decade prior when the number of CPT authorizations was 61,171. [10] In 2021, there were 91,352 employed CPT workers, a 47% increase from a decade prior. [11] In 2022, there were 129,849 CPT employment authorizations. [12]

CPT Employment Authorization Statistics

2007-2021 CPT Employment Authorizations of Foreign Students [11] [13]
YearNumber of Foreign Students on CPT
200757,403
200861,171
200948,568
201057,409
201163,911
201268,482
201376,223
201492,528
2015111,135
2016122,529
2017132,380
2018151,525
2019116,338
202097,368
202191,352
2022129,849

American technology and financial firms, along with semiconductor companies, are major employers of CPT students. Amazon is the largest user of the CPT program, with 9,302 participating students between 2003-2019. Intel is the second largest user of the CPT program, with 6,453 students participating, while Microsoft is the third largest user of the program, with 6,340 students. [14]

2003-2019 Total CPT Authorizations by Employer [14]
Top 10 CPT Student EmployersForeign Students Employed on CPT Between 2003-2019
Amazon9,302
Intel Corporation6,453
Microsoft Corporation6,340
Google6,132
IBM4,721
Deloitte3,870
Facebook3,810
Qualcomm Technologies, Inc3,371
Ernst & Young2,929
Goldman Sachs2,867
2019 CPT Authorizations by Employer [15]
Top 10 CPT Student EmployersForeign Students Employed on CPT in 2019
Amazon2,086
Google1,158
Facebook1,090
Microsoft Corporation730
Deloitte672
Intel Corporation530
Cummins346
IBM340
Populus Group333
Apple323

Criticism

Employer Discount

Students working with CPT authorization do not pay Social Security and Medicare taxes if they have been in the United States for less than five years. [5] For employers, hiring a CPT worker amounts to a 15.3% discount per student compared to an American citizen or permanent resident. [16] Employers also avoid paying payroll taxes and do not have to provide health insurance to CPT students. [17] [18]

Lack of Government Oversight

Government officials have criticized the program because neither USCIS nor U.S. Immigration and Customs Enforcement have a direct role in determining whether the CPT work authorization is an “integral part of a curriculum." [19]

Lack in Transparency

Detractors of the CPT program has criticized it for being non-transparent. [20]

Career Placement

Critics have said the program provides entry-level career opportunities to foreign students while not doing the same for American college students. [21]

Diploma Mill Colleges

Many have criticized CPT for incentivizing diploma mill universities.

In 2020, Immigration and Customs Enforcement set up the University of Farmington and arrested 250 foreign students for knowingly enrolling in the papermill college, which lacked teachers or classes. Many of the students enrolled in CPT to immediately gain work authorization in the U.S. [22] [23]

Related Research Articles

The Student and Exchange Visitor Program (SEVP) is a program within U.S. Immigration and Customs Enforcement, which is under the U.S. Department of Homeland Security, to manage foreign students and exchange visitors in the United States through the Student and Exchange Visitor Information System (SEVIS). The SEVP encompasses the F status, J status, and M status. The exchange visitor part of the program is managed by the U.S. Department of State, although the SEVIS system is maintained by ICE.

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows U.S. employers to employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.

An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.

In the United States, Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for one academic year are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education. Foreign students currently enrolled at a U.S. university can receive full-time or part-time work authorization through Curricular Practical Training. In 2022, there were 171,635 OPT employment authorizations. In 2021, there were 115,651 new non-STEM OPT authorizations, a 105% increase from a decade ago.

An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.

<span class="mw-page-title-main">Visa policy of the United States</span> Policy on permits required to enter the United States and its unincorporated territories

Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions, unless they come from one of the visa-exempt or Visa Waiver Program countries.
The same rules apply for travel to all U.S. states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.

<span class="mw-page-title-main">I-20 (form)</span> U.S. Department of Homeland Security form

The Form I-20 is a United States Department of Homeland Security, specifically ICE and the Student and Exchange Visitor Program (SEVP), document issued by SEVP-certified schools that provides supporting information on a student's F or M status. Since the introduction of the Student and Exchange Visitor Information System (SEVIS) run by SEVP, the form also includes the student tracking number and school code. The Form I-20 is only for F-1, F-2, M-1, and M-2 statuses. J-1 and J-2 status holders have an equivalent Form DS-2019 which is issued by a United States Department of State-designated J exchange visitor program.

<span class="mw-page-title-main">Form I-9</span> United States employment eligibility verification form

Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form. Mandated by the Immigration Reform and Control Act of 1986, it is used to verify the identity and legal authorization to work of all paid employees in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

In the United States, the F visas are a type of non-immigrant student visa that allows foreigners to pursue education in the United States. F-1 students must maintain a full course of study. F-1 visas are only issued in U.S. embassies and consulates, although extensions of stay and changes of status may be possible within the United States. Prospective F-1 students must apply at the schools and receive a form I-20 in order to apply for an F-1 visa. F-1 students must show that they are able to support themselves during their stay in the U.S., as their opportunities for legal employment are quite limited. F-2 visas are given to dependents of an F-1 student. F-2 visa-holders are prohibited from any form of compensated employment. However, minor children may attend public schools. Finally, the F-3 visa is issued to Canadians and Mexicans who commute across the border to attend American schools.

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

The Security Through Regularized Immigration and a Vibrant Economy Act of 2007 or STRIVE Act of 2007 is proposed United States legislation designed to address the problem of illegal immigration, introduced into the United States House of Representatives. Its supporters claim it would toughen border security, increase enforcement of and criminal penalties for illegal immigration, and establish an employment verification system to identify illegal aliens working in the United States. It would also establish new programs for both illegal aliens and new immigrant workers to achieve legal citizenship. Critics allege that the bill would turn law enforcement agencies into social welfare agencies as it would not allow CBP to detain illegal immigrants that are eligible for Z-visas and would grant amnesty to millions of illegal aliens with very few restrictions.

<span class="mw-page-title-main">E-Verify</span> Website to determine US work eligibility

E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both U.S. and foreign citizens, to work in the United States. The site was originally established in 1996 as the Basic Pilot Program to prevent companies from hiring people who had violated immigration laws and entered the United States illegally. In August 2007, the DHS started requiring all federal contractors and vendors to use E-Verify. The Internet-based program is free and maintained by the United States government. While federal law does not mandate use of E-Verify for non-federal employees, some states have mandated use of E-Verify or similar programs, while others have discouraged the program.

<span class="mw-page-title-main">J-1 visa</span> Type of United States visa

A J-1 visa is a non-immigrant visa issued by the United States to research scholars, professors and exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S. All applicants must meet eligibility criteria, English language requirements, and be sponsored either by a university, private sector or government program. J-1 visa holders must usually return home for two years following visa expiration so they impart cultural knowledge learned in the United States. In 2022, the State Department issued 284,486 J-1 visas, with a visa approval rate of 88.8%. Between 2001 and 2021, there were 6,178,355 J-1 visas issued by the State Department. In 2023, there were 4,209 J-1 visa sponsors. Certain J-1 categories saw increased percentage increase in visas between 2021 and 2022. For example, The J-1 Visa for Summer Work/Travel increased 134% from 39,647 to 92,619. J-1 Teachers increased 467% from 719 to 4,076. Interns increased 212% from 5,402 to 16,833.

A J-2 visa is a non-immigrant visa issued by the United States for spouses and dependents of J-1 exchange visitors. Any J-2 visa with the Employment Authorization Document (EAD) can work for any employer in the US without sponsorship. 39.350 J-2 visas were issued in 2017.

The Georgia Security and Immigration Compliance Act requires that all public employers, contractors and subcontractors register and comply with the federal work authorization program operated by the United States Department of Homeland Security to verify new employee work eligibility.

<span class="mw-page-title-main">Herguan University</span> University in California, US

Herguan University was a private, unaccredited, university and alleged visa mill in Sunnyvale, California operated by Dr. Ying Qiu Wang. As of 2019, its domain names herguanuniversity.edu and herguanuniversity.org appear to be abandoned.

<span class="mw-page-title-main">Border Security, Economic Opportunity, and Immigration Modernization Act of 2013</span>

The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 was a proposed immigration reform bill introduced by Sen. Charles Schumer (D-NY) in the United States Senate. The bill was co-sponsored by the other seven members of the "Gang of Eight", a bipartisan group of U.S. Senators who wrote and negotiated the bill. It was introduced in the Senate on April 16, 2013, during the 113th United States Congress.

Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.

In the United States, the most common visa used for short-term trips is the B visa. This is a combination of the B-1 visa and the B-2 visa. People on B visas are generally not allowed to engage in productive work or study activities. However, in some cases, B visas can be issued that allow people to engage in some types of productive work and learning activity, in lieu of another visa. The three visa categories, for which a B visa could be issued instead, are the H-1B visa, H-3 visa, and J-1 visa. The U.S. Department of State recommends that consular officers clearly annotate such B visas to make the scope of the visa clear to the applicant and the U.S. Customs and Border Protection officer at the port of entry.

Academic training (AT) is a type of off-campus work authorization for students in J-1 status. The J-1 is a status for students and exchange visitors that is part of the Student and Exchange Visitor Program managed by the U.S. Department of State in collaboration with U.S. Immigration and Customs Enforcement in the United States. The AT program is used by J-1 students for employment training or practical experience directly related to the student's current major specialty.

References

  1. ↑ 8 C.F.R. § 214.2(f)(10)(i)
  2. ↑ "Students arrested at ICE's fake university are facing more than deportation". www.vice.com. Retrieved 2023-02-13.
  3. ↑ "'Jumping through hoops': IU student visa holders express frustration and fear about their futures". Indiana Daily Student. Retrieved 2023-02-18.
  4. 1 2 "ICE CPT" (PDF).
  5. 1 2 3 "Curricular Practical Training – International Students & Global Programs". international.camden.rutgers.edu. Retrieved 2023-02-14.
  6. ↑ "Students and Employment" Archived 2020-05-11 at the Wayback Machine , United States Citizenship and Immigration Services
  7. 1 2 "Practical Training", U.S. Immigration and Customs Enforcement (ICE)
  8. ↑ "Curricular Practical Training | Rutgers". global.rutgers.edu. Retrieved 2023-02-18.
  9. ↑ "F-1 Curricular Practical Training (CPT) | Berkeley International Office". internationaloffice.berkeley.edu. Retrieved 2023-02-18.
  10. ↑ "ICE: CPT Employment Authorizations" (PDF).
  11. 1 2 "ICE: EAD Authorization" (PDF).
  12. ↑ "Employment Authorization" (PDF).
  13. ↑ "Employment Authorization" (PDF).
  14. 1 2 "2003 - 2019 Top 200 Employers for CPT Students" (PDF).
  15. ↑ "2019 Top 200 Employers for CPT Students" (PDF).
  16. ↑ Rosenthal, Rachel. "The STEM Graduate System Is Broken. Here's How to Fix It". Bloomberg.com. Retrieved 2023-02-14.
  17. ↑ North, David. "Reports on the Number of Subsidized OPT Workers Are Opaque and Tardy".
  18. ↑ North, David. "ACA Gives Employers Even More Incentives to Hire Alien Workers".
  19. ↑ Homan, Tom. "ICE Letter to Senator Grassley" (PDF).
  20. ↑ Miano, John. "Senate Committee on the Judiciary Testimony" (PDF).
  21. ↑ "Grassley Probes Missing Data in Fraud-Prone Student Visa Work Program | U.S. Senator Chuck Grassley of Iowa". www.grassley.senate.gov. Retrieved 2023-02-18.
  22. ↑ "Foreign students used 'jobs' with fake firms to stay in U.S. illegally". NBC News. Retrieved 2023-02-08.
  23. ↑ Warikoo, Niraj. "ICE arrests 90 more students at fake university in Michigan". Detroit Free Press. Retrieved 2023-02-13.


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